Your home may be the greatest single asset of your marriage, but it may
become a point of frustration in your divorce given its financial and
emotional value. You should understand both your legal rights and
economic realities before making any decisions. Also, if you have
children, their needs are yet another factor.
The
house is an asset and therefore subject to division according to your
state's property division law. You will want to know what percentage of
the house belongs to you and also whether the court would order the
house conveyed to you or to your spouse.. However, practical
considerations, not the law, often dictate who gets the house, the
terms of the buyout, or if the house is sold to a third party.
If
you want to keep the house, you will have to "buy out" your spouse,
usually through a new mortgage. However, you might not be able to
afford a new, larger mortgage. Here is my
mortgage calculator to see
how large a mortgage your income can handle. If you are unsure of your
post-divorce income (alimony, child support, etc.) check your divorce
professional. If you can't afford a new mortgage, the house will most
likely be sold and you may be entitled to your share of the equity.
Home
sales are always stressful, but a divorcing couple's inability to fully
cooperate often brings stress levels to new heights. Couples who are
best able to cooperate share the largest amount of money.
What is a Realtor/Facilitator?
Nancy Hill will do the following if it is necessary to Sell the Home:
Setting
the Price - Nancy will propose an asking price and
marketing plan based on her neutral, independent expert assessment
without prejudice against you or your spouse. Both sides can trust
Nancy as her loyalties are non-partisan. Trust means cooperation.
Cooperation means reaching the goal sooner.
Ask
Yourself: Without a neutral expert, will you and your
spouse, and your spouse's attorney, all be in agreement? Who will
propose the price? Will your spouse and his lawyer assume that you are
trying to "get away with something?"
Preparing
the House for Sale - Nancy is an expert in suggesting
cost-effective strategies to best show the house. For example, curb
appeal (first appearances from the street) is enhanced by low-cost
debris removal, gardening, and maybe even some paint. Interior spaces
are more attractive when clean and shiny, and they appear more spacious
if uncluttered. If Nancy is directing the sale then there will be fewer
arguments between you and your spouse about what needs to get done in
order to sell the home.
Advertising
and Promoting the House - Nancy has a systematic
approach to selling homes. Most listing agreements call for the realtor
to pay for advertising, so she is an expert with optimizing her
marketing dollars. Also, your home will be posted on the local MLS
(multiple listing service) which is used by real estate professionals
in searching for homes.
Showing
the House - Nancy is an expert at meeting prospective
buyers and showing homes to pre-qualified prospects who meet certain
mortgage qualification standards.
Ask
Yourself: Will you or your spouse always be available to
take phone calls, pre-qualify buyers, and show the house? Do you know
what to say? Do you know what not to say, like "we're getting a
divorce?" In fact, we suggest that the homeowner be absent from the
first showing. Finally, do you really want unscreened strangers
dropping by?
Executing
a Purchase Agreement - Nancy understands the contracts
and contingencies of a real estate transaction.
Ask
Yourself: Can you get a document executed that will be
satisfactory to your spouse and his or her counsel? Will there be back
and forth between your lawyer and your spouse's lawyer costing you
unnecessary legal fees?
Closing
the Deal - A signed agreement is the beginning of
another long process. Nancy often spearheads pre-closing tasks like
working with the sellers to obtain documents and satisfying closing
contingencies like inspections and repairs.
Ask
Yourself: Are you or your spouse prepared to take care
of all these pre-closing details? Will your spouse and his counsel
cooperate? Would a realtor improve the chances of cooperation? Unlike
lawyers, realtors don't get paid unless the deal closes, so they have a
vested interest in making sure your house is sold.
Nancy
Hill has the ability to listen with respect to you and your spouse. We
can work together to determine a solid course of action to take
regarding your home/s.